Can I get my 10 year old daughter evaluated professionally on one of my visits? She is always angry, distant, non talkative, frowning. I know somethings wrong. I ask her over and over but she quietly says "nothing is wrong". She is afraid of dad. How do I get her to open up? My brother nlaw is a Police Officer? I told her if someone hurts you I have to contact the Police, she scared alert voice 'Why do you have to tell the Police"? I don't have custody but weekend visits.
There is not enough information to know what it is that is really going on. Do you have legal custody and visitation, or just visitation? Have you talk with the other parent? Do you think the other parent is causing your daughter to believe that her visits with you are not good for her? If so, then things may get worse without some type of intervention. You could file an RFO with the court to seek an evaluations, but I would talk with an attorney first. Find someone who is familiar with parental Alienation. I'm not saying it is alienation, and if its not you don't want to treat it as such. I think you should contact a lawyer with all of the facts and information surrounding your case to find out exactly how you should proceed.
The information provided is for informational purposes only. It is not intended to be legal advice and does not form an attorney client relationship.
No reputable therapist will see your child without the other parent's permission. Perhaps a trusted teacher could help find out if something is wrong.
Family Law Attorney
All of Ms. Straus’ responses to questions posted on Avvo are intended as helpful information based upon the facts stated in the question, and are not to be relied upon as a final legal opinion. It may not be what you wished to hear, and it does not create an attorney-client relationship. Ms. Straus is licensed to practice law in California. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state, and retain him or her. Me Straus provides “unbundled” services if you need specific assistance with a specific issue.
First I wouldn't just call CPS. They can take custody of your child and not release their power over your lives until both of you jump thru hoops, counseling, classes, testing etc. for a year! If you think that she is being molested or in danger, yes call CPS. Have you talked to her teacher and those at her school - ask about behavioral changes - tell them of your concerns. If they have any suspicions they have a duty to call CPS and it's then more legit coming from them instead of you.
Then what are the terms of your joint legal custody order? does it say not to enroll the child in counseling without the other's CONSENT or without INFORMING. Some counselors will see them without express consent from the other parent but if he objects they will stop immediately.
You should file a Request for Order ask for counseling for her and see if Minor's Counsel could be appointed for her. Whether you have custody or not, you still have a duty to protect her.